- 1 - NC: 2025:KHC:457 CRL.P No. 5740 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5740 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: K A THOMAS S/O LATE K V ABRAHAM, AGED 67 YEARS, R/AT NO.54/1, ANUGRAHA HOUSE, ELECTRONIC CITY MAIN ROAD, NEAR ST. XAVIER SCHOOL, BETTADASANAPURA, BENGALURU, KARNATAKA - 560068 …PETITIONER (BY SRI. VINITHA P C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THE STATION HOUSE OFFICE, VIVEKNAGAR POLICE STATION, VIVEKNAGAR, BANGALORE 560047 REP. BY SPP HIGH COURT OF KARNATAKA, BENGALURU - 560001 2. GANESHWAR S L S/O LATE L.SURENDRA, AGED 46 YEARS, R/AT NO. 90, 1ST FLOOR, 2ND CROSS, MANORAYANAPALYA, R T NAGAR POST, BANGALORE 560032 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL.SPP FOR R1, SRI. JANARDHANA RAO R G., ADVOCATE FOR R2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:457 CRL.P No. 5740 of 2024 THIS CRL.P FILED IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 14.02.2024 PASSED BY THE IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL BENGLAURU IN CRL.RP.NO.25034/2023 AND CONFIRM THE ORDER DATED 30.03.2023 PASSED BY XXIX ACMM, BENGALURU IN PCR NO.55718/2022 BY ACCEPTING THE ‘B’ REPORT FILED BY THE INVESTIGATION OFFICER (RESPONDENT NO.2) IN PCR NO.55718/2022 ON THE FILE OF THE XXIX ACMM, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks quashing of the impugned order dated 14.02.2024 passed by the Sessions Court in Crl.R.P.No.25034/2023, whereby the said revision petition filed by respondent No.2-complainant was allowed by the Sessions Court thereby setting aside the order dated 30.03.2023 passed by the Magistrate, who accepted the B report submitted by respondent No.1-Police Authorities. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that pursuant to a private complaint (PCR) filed by respondent No.2 against the petitioner, learned Magistrate referred the matter to the - 3 - NC: 2025:KHC:457 CRL.P No. 5740 of 2024 jurisdictional Police Authorities for investigation under Section 156(3) of Cr.P.C vide order dated 05.09.2022. In pursuance of the same, respondent No.2-Police filed the ‘B’ report on 06.12.2022, which was placed before the learned Magistrate, who passed an order dated 09.12.2022 issuing notice to respondent No.2- complainant and posted the matter to 14.02.2023. Respondent No.2 -complainant got the matter advanced from 14.02.2023 to 04.01.2023 and filed the protest petition, pursuant to which, learned Magistrate accepted the ‘B’ report by passing an order dated 30.03.2023. 4. Aggrieved by the Magistrate accepting the ‘B’ report, respondent No.2-complainant filed the instant criminal revision petition in Crl.R.P.No.25034/2023 before the Sessions Court interalia contending that pursuant to the protest petition filed by respondent No.2-complainant, it was incumbent upon the learned Magistrate to conduct necessary enquiry and permit respondent No.2-complainant to adduce oral and documentary evidence in support of the protest petition and failure to do so would vitiate the order of the Magistrate accepting B report. - 4 - NC: 2025:KHC:457 CRL.P No. 5740 of 2024 5. The said revision petition having been opposed by the petitioner, Sessions Court proceeded to pass the order not only allowing the revision petition and setting aside the ‘B’ report but also directing the Magistrate to proceed further in terms of the procedure prescribed under Sections 202 to 204 of Cr.P.C. Aggrieved by the impugned order passed by the Sessions Court, petitioner/accused is before this Court by way of the present petition. 6. A perusal of the material on record including the impugned order passed by the Sessions Court as well as the order passed by the Magistrate accepting ‘B’ report will indicate that though several contentions have been urged by both sides in support of their respective claims, learned Magistrate has passed the aforesaid order dated 30.03.2023 accepting ‘B’ report without assigning any valid or cogent reasons and without conducting necessary enquiry as required in law and without affording any opportunity to the complainant to substantiate the contentions urged in the protest petition. 7. Under these circumstances, in view of violation of principles of natural justice and in order to provide an opportunity to - 5 - NC: 2025:KHC:457 CRL.P No. 5740 of 2024 both sides to put forth their respective contentions in relation to ‘B’ report already submitted by the Police authorities, I deem it just and appropriate to set aside the impugned order as well as the order dated 30.03.2023 passed by learned Magistrate in PCR No.55718/2022 and remit the matter back to the learned Magistrate for reconsideration of the protest petition filed by respondent No.2 to the ‘B’ report and to proceed further in accordance with law after affording reasonable and sufficient opportunity to both sides by conducting necessary enquiry in this regard in accordance with law. 8. In the result, I pass the following: ORDER i) Petition is hereby allowed. ii) Impugned order dated 14.02.2024 passed in Crl.R.P.No.25034/2023 on the file of IV Addl. City Civil and Sessions Judge, Bengaluru as well as the order dated 30.03.2023 passed in PCR No.55718/2022 by the 29th Addl. Chief Metropolitan Magistrate accepting ‘B’ report are hereby set aside. - 6 - NC: 2025:KHC:457 CRL.P No. 5740 of 2024 iii) The matter is remanded back to learned Magistrate for reconsideration of protest petition filed by respondent No.2 after affording reasonable and sufficient opportunity to both sides and conducting necessary enquiry in this regard. iv) Petitioner and respondent No.2 are directed to appear on 03.02.2025 without awaiting further notice from the Court. v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 6